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J. D'AMICO, INC. v. BOSTON

345 Mass. 218 (1962)

186 N.E.2d 716

J. D'AMICO, INC. vs. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 1962.

Attorney(s) appearing for the Case

Philander S. Ratzkoff for the defendant General Accident Fire and Life Assurance Corporation, Ltd.

Francis V. Matera for the plaintiff.

Thomas P. Russell (Gilbert F. Dillon with him) for the defendants Harold R. Pfeffer & another.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The plaintiff (D'Amico) seeks a declaration that the defendant General Accident Fire and Life Assurance Corporation, Ltd. (General) is bound under an insurance policy issued by it to defend D'Amico against claims of two defendants named Pfeffer, asserted by them (as plaintiffs) in an action in the Superior Court (Suffolk, Law No. 531,446). The case was heard in the Superior Court upon a statement of "all the facts material to the issues." The trial judge...

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